Effective Date: December 16, 2020.
This Terms of Use is entered into between you and Nickel Buddy, LLC (Nickel Buddy
) and applies to your download, access and/or use of Nickel Buddy apps and games, whether on your computer, on a mobile device, on our website www.nickelbuddy.com (the Website
) or any other website, device or platform (each a Game
and together the Games
). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time (we refer to all our Games and other services collectively as the Services
in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
Use of the Services is governed by these Terms of Use and a Privacy Policy detailing how Nickel Buddy collects, uses and discloses your information. You must agree to the Terms of Use and Privacy Policy in order to use the Services.
If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
By clicking I Agree
or by using the Services, you are agreeing to be bound by the Terms of Use.
1 Updates
Nickel Buddy reserves the right, in its sole discretion, to change the Terms of Use at any time. Nickel Buddy shall notify you of updates to the Terms of Use at www.nickelbuddy.com. You are deemed to have accepted any update by continuing to use the Services. Unless Nickel Buddy states otherwise, updates to the Terms of Use are automatically effective 30 days after being posted on www.nickelbuddy.com.
2. USE of the Services
2.1 Access.
Access to the Services may require hardware including, but not limited to, a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Services and to pay all fees incurred by you when accessing the Services through an Internet connection. For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
2.2 Account.
Use of the Services may require you to register a user account with Nickel Buddy directly or with a third party (each, an Account
). You acknowledge and agree that you have no ownership or other property interest in your Account and associated data and that all rights in and to your Account are and shall be forever owned by and inure to the benefit of Nickel Buddy.
2.3 Username and Password.
Registering an Account may require you to select a user name and password (Login Information
). You are solely responsible for keeping your Login Information confidential. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use of your Account may be emailed to Nickel Buddy at info@nickelbuddy.com.
2.4 Personal Information.
Accessing the Services or registering an Account may require you to provide Nickel Buddy with personal information that is collected, used and disclosed in accordance with Nickel Buddy's Privacy Policy. You agree to provide accurate and complete personal information to Nickel Buddy and to update your information if it changes. The Privacy Policy is available at http://www.nickelbuddy.com/privacy.
2.5 Account Usage.
You agree to be bound by any use of your Account, including charges and purchases, whether or not you authorized use of your Login Information. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are non-refundable unless otherwise required by the law of your jurisdiction or the rules of the store from which you accessed the Services.
3. Grant of License, Subscription
3.1 License and Subscription.
Except as otherwise provided in the Terms of Use, Nickel Buddy grants you a non-exclusive, non-sublicensable, non-transferable, revocable, non-commercial, limited license, if you downloaded a Nickel Buddy game, or subscription, if you accessed a Nickel Buddy game through a web browser, to use the Services. You agree that no title or ownership interest in the Services is transferred or assigned to you and that the Terms of Use is not a sale of any right to the Services.
3.2 Streaming and Social Media License.
Nickel Buddy grants you a non-sublicensable, non-transferable, revocable, non-commercial, limited license to publicly display the Services on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF. Nickel Buddy may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto.
3.3 User Content License.
User content includes all information of any kind (including text, images, video, information, suggestions and messages) that you submit, transmit or upload in connection with or while using the Services (User Content
). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Nickel Buddy an exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party.
4. limitations on use of the services
You agree that you will not use the Services in the following manner:
a. engage in conduct that Nickel Buddy determines, in its sole discretion, to constitute improper use of the Services;
b. decompile, disassemble or reverse engineer the Services or otherwise attempt to derive the Services source code;
c. except as permitted in section 3.2, reproduce, rearrange, modify, translate, create derivative works from, display, perform, publish, distribute, sell, lease or remove/alter advertising in the Services;
d. knowingly exploit a flaw or bug in the Services or cheat;
e. break, attempt or otherwise assist with the disruption of any computer used to support the Services or experience of another user;
f. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Services or the computers of other users;
g. utilize the Services or any part thereof for commercial purposes;
h. promote or encourage illegal activity;
i. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive or use profanity;
j. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
k. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
l. collect or attempt to obtain other users data, whether personal or anonymous; or
m. impersonate another person or an employee of Nickel Buddy.
5. Termination
5.1 Suspension and Termination.
Nickel Buddy may suspend or terminate your Account and access to the Services at any time for any reason including, but not limited to, your violation of the Terms of Use, as determined in its sole discretion. Whether a suspension will be lifted is at the sole decision of Nickel Buddy. You may terminate your Account and access to the Services at any time by ceasing to use the Services and deleting any Nickel Buddy game you have installed.
5.2 Effect of Suspension or Termination.
Upon termination, you acknowledge and agree that Nickel Buddy shall cease to provide you access to the Services and may delete your Account and data associated with your use of the Services, including purchases you have made. You acknowledge and agree that you are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Nickel Buddy, and that Nickel Buddy shall not be liable to you or any third party for such suspension or termination and any related loss related thereto.
6. Digital Items, Prizes
6.1 Digital Items.
The Services may include digital items, such as additional levels or power-ups (together, Digital Items
), which may be purchased from Nickel Buddy for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered by Nickel Buddy at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Services for which such Digital Items were acquired. Purchases of Digital Items are final and non-refundable, unless otherwise required by the law of your jurisdiction or the rules of the store from which you accessed the Services. The determination of Digital Items to credit or debit to you shall be determined by Nickel Buddy in its sole discretion. All Digital Items remain the property of Nickel Buddy.
6.2 Prizes.
Nickel Buddy may provide users the opportunity to receive random, Digital Item prizes, which vary in size and value. Due to the randomization of Digital Item prizes, you may not receive the Digital Item you desire. Nickel Buddy reserves the right to refuse to award, and to revoke, any prize, in its sole discretion.
6.3 Resale.
Digital Items cannot be resold online or in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items in violation of this section 6.3 will result in Nickel Buddy terminating your access to the Services and all Accounts related to the resale or attempted resale and voiding related Digital Items.
6.4 Forfeit or Eliminated Digital Items.
If Nickel Buddy terminates your Account and/or access to the Services or ceases to offer the Services you agree that you forfeit all Digital Items associated with your Account and use of the Services. Further, Nickel Buddy shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Services, for which you will not be compensated under any circumstances regardless of whether or not you are able to access the Services. Nickel Buddy is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension of the Services, technical issues or as a result of a third party.
7. Software Updates
On one or more occasions Nickel Buddy may patch, update or modify the Services (each, an Update
), which may require you to install such Update to continue using the Services. Updates may modify the Terms of Use, gameplay mechanics or other aspects to the Services. Failing to install an Update may result in an inability to use the Services, for which you shall not be entitled to a refund or compensation of any kind.
8. Third Party Software
The Services may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. The Terms of Use does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third party agreement.
9. OWNERSHIP RIGHTS
All right, title and interest in and to the Services including, but not limited to, copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation are owned by Nickel Buddy. Nickel Buddy reserves all rights in the Services.
10. Disclaimer and Limitation of Liability
10.1 Disclaimer.
THE SERVICEs are provided AS IS
and Nickel Buddy DISCLAIMS ANY AND ALL WARRANTIES and conditions, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE and non-infringement of third party rights, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, Nickel Buddy MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF The Services WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, Nickel Buddy MAKES NO REPRESENTATIONS OR WARRANTIES THAT The Services WILL MEET YOUR REQUIREMENTS, are appropriate for your needs or THAT OPERATION WILL BE UNINTERRUPTED, continuously available, free of viruses, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE.
10.2 Limitation of Liability.
Nickel Buddy, its directors, officers, employees, agents, contractors and partners shall not be liable to you for any loss or damage of any kind arising out of or relating to the Services or third party services or products including, without limitation, consequential, incidental or special damages, EVEN IF Nickel Buddy HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action and including, without limitation, breach of contract, warranty or indemnity, negligence, strict liability and other torts. IF you are dissatisfied with the services or any part thereof, such as digital items, your sole remedy is to stop using the services. Notwithstanding the foregoing, nothing in the Terms of Use shall limit Nickel Buddy's liability in a manner not permitted by applicable law
10.3 Nickel Buddy's AGGREGATE LIABILITY.
Please note that some jurisdictions do not allow the disclaimer of certain terms or warranties or exclusion of liability for certain damages. If any disclaimer or limitation of liability is found unenforceable, void or does not fully shield Nickel Buddy from liability, you agree that Nickel Buddy's maximum aggregate liability to you whatsoever will be the least among (a) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) The amount you paid to Nickel Buddy in the 12 months immediately preceding the date of the harm in question; and (C) $100 (USD). However, if you paid nothing to Nickel Buddy during the 12 months immediately preceding the date of the harm in question, your sole remedy, and Nickel Buddy's aggregate liability, is for you to terminate use of the Services.
11. Indemnity You shall indemnify, defend and hold Nickel Buddy, its directors, officers, employees, agents, contractors and partners harmless from and against any claim, liability, injury, damage, cost, loss or expense, including reasonable attorney's fees, that arise from your use of the Services or associated third party services. You cannot settle any claim without Nickel Buddy's advance written consent unless such claim releases Nickel Buddy unconditionally. Nickel Buddy reserves the right to, at its expense, assume control of the claim.
12. GENERAL
12.1 Governing law.
These Terms are governed by the laws of the State of North Carolina without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and we agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Eastern District of North Carolina for the purpose of litigating any Dispute, except as otherwise provided by the General Data Protection Regulation of the European Union.
12.2 Severability.
To the extent any section, clause, provision or sentence or part thereof of the Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Use given full force and effect.
12.3 No Waiver.
Nickel Buddy's failure to assert or enforce any right contained in the Terms of Use shall not constitute a waiver of that right.
12.4 Survival.
Sections 2.2, 3.3, 5.2, 6.4, 9, 10, 11, and 12 survive termination of the Terms of Use.
12.5 Entire Agreement.
The Terms of Use constitutes the entire agreement between you and Nickel Buddy with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
12.6 Contact.
You may contact Nickel Buddy regarding this Terms of Use by emailing info@nickelbuddy.com.